Cyprian Brady (Dublin Central, Fianna Fail)

I wish to share my time with Deputy Peter Kelly.

I very much welcome the opportunity to contribute to this debate on this particularly timely and important piece of legislation. From my own bitter experience in the constituency of Dublin Central, begging has been for a long time an issue in certain parts and on certain streets in the city centre.

I spend a lot of time around the business district and on numerous occasions I have observed very aggressive begging which is very intimidating for the elderly, young people and even adults. I welcome the introduction of this legislation because for too long there has been confusion and frustration regarding this matter. The confusion arose because over time the nature of begging has changed. Different elements of begging, in particular the use of children, has been dealt with over time. The Children Act 2001 made it illegal to use a child for the purpose of begging or to force a child to beg.

I remember the time when young Traveller children used to sit on O'Connell Bridge in the depths of winter. This issue was dealt with sensitively and effectively. This Bill will ensure the changes in begging will be dealt with adequately, sensitively and fairly. It is not making begging illegal but rather ensuring that where there is an element of intimidation and aggression, the Garda Síochána has the ability to deal with such situations immediately. In my experience, many cases of intimidation are not being reported to the Garda. People may have an element of sympathy for the person begging or it may be a case of intimidation or assault which prevents them from reporting. Underreporting is significant in my experience.

Gardaí, members of the public, business people and shopkeepers were frustrated because there was no method or mechanism for dealing with difficult situations such as persistent begging. This Bill will ensure a fair way of dealing with the situation and it strikes a balance between passive begging, something that has always existed in this country with the previous legislation dating from the 1800s, and dealing with a very aggressive approach. Previous speakers have referred to organised begging rings using women and children, teenagers and adults on a semi-professional basis, to procure money at various locations around the city. This is not confined to being an urban problem. There is an issue in the suburbs of people calling to doors sometimes pretending to be from a charity but who are begging. It is not a uniquely urban problem.

Previous speakers have also referred to the underlying reasons a person is forced to beg. I was a member of the Joint Committee on the Environment, Heritage and Local Government which met the representatives of the agency dealing with the homeless on a number of occasions. There is a myriad of reasons people find themselves homeless and are unable to afford basic food or accommodation and find themselves forced to beg. Drug and alcohol addiction play a significant part as do psychological disorders.

There has been significant progress in dealing with homelessness because this was an issue in the late 1990s and early 2000s, both in Dublin city and in the country in general. This issue was tackled comprehensively over the following years. Progress has been made in dealing with the underlying causes of homelessness and begging. This momentum must be continued. Addiction to alcohol or drugs leads to chaos in people's lives, for the victims, their immediate families and their communities and it is extremely damaging. Within a relatively short period of time, an individual can find him or her self without recourse to their families or to services, purely as a result of addiction. This legislation is only one element in tackling those conditions and situations in which people find themselves begging.

The Bill provides that the offence of begging arises where begging is accompanied by threats, intimidation, violence or obstruction. I have witnessed incidents where violence and intimidation are being used. It is a serious and worrying situation for anyone going about his or her daily business to be intimidated when shopping or using an ATM. People working in town in shops have been intimidated and assaulted. The Garda Síochána finds its hands are tied to a certain extent but this Bill will ensure it will have the power to act immediately.

I refer to the issue of begging in the vicinity of ATMs and the scams that are used to part people from their money, ranging from hidden cameras to looking over a person's shoulder to get the person's PIN. Begging or coercion may happen at the end of a transaction. The Bill provides that the Garda Síochána can ensure the areas surrounding ATMs are kept clear. It provides to keep clear from begging an area of 10 m in the vicinity of a private dwelling and from any point within 10 m of the entrance of a business premises where a member of the public may, due to the person's behaviour and the number of persons begging at or near those premises and where a member of the public is being or is likely to be deterred from entering the premises. Deputy O'Connor said he hoped the Garda Síochána will ensure enforcement of the provisions of this Bill will be done with a degree of common sense. From having spoken to Garda management as well as gardaí on the beat, I know that an element of common sense is always used when it comes to dealing with such incidents involving people who are begging. Gardaí tend to give such people the benefit of the doubt.

The Bill also gives gardaí the power to direct a person who is begging to move on, when their presence or behaviour gives rise to a reasonable apprehension for the safety of persons or property, or for the maintenance of public peace. Regardless of whether they involve violence, such incidents tend to have a wider effect on people, and not just on the individual at the centre of an incident. People passing by, including school children can also be affected, so the Bill takes that into account.

Other speakers have referred to the nature of the fines involved and how they will be collected. If someone is begging on the street it is safe to assume that, in the vast majority of cases, they do not have access to funds. As the Minister said earlier, a situation like that will be dealt with in the Fines Bill, which is currently going through the House.

I welcome the Bill before us, which will clear up some of the fears and apprehensions of the wider public. It will also ensure that homeless people who have to beg will be afforded some kind of recognition.

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